Can a 4yr old be sued? Well if you live in the US of A...

[onearmedbandit]

The answer appears to be yes.

http://www.nytimes.com/2010/10/29/ny...o_interstitial

[Dave Lobster]

If that isn't enough evidence to prove to everyone that speed kills, I don't know what is.

[Kickaha]

Your title is misleading, she's 6 and should now be old enough to accept responsibility for her callous disregard for others safety

[mashman]

only in America eh... but once they're of school age they can have negligence charges brought against them because they should just bloody well know better ... there's idiocy and then there's the utter ignorance of adults who just wanna screw people for a buck ...

I guess if the govt and ACC get their way and the right to sue comes to NZ you can look forwards to the bludgers throwing themselves in front of kids bicycles, as long as they're over 5 ...

[Winston001]

I'm not surprised because for many centuries the law has made parents liable in negligence for the actions of their children. So if your 15yr son has an accident driving your car, you could be held liable.

You will note the article says of Juliet's parents - "Rachel and Jacob Kohn did not seek to dismiss the case against them" which tells us they understand they face liability for their daughters act.

Mind you, this is only a skirmish, no decision on liability has been made.

I am however puzzled as to why Juliet is named as a defendant - usually that would be pointless, must be some legal advantage. Possibly her parents could be found not liable, but Juliet liable for damages, and the law in New York requires parents to pay childrens debts.

[slofox]

Amerikans - fookin' mad bastards.

[Bald Eagle]

Americans - nutters, and they want to run the free world, geeze.

[spacemonkey]

Americans - nutters, and they want to run the free world, geeze.

I think they do run the world by and large, if only by default..... Have you not noticed how fucked up things have been?

[Winston001]

Amerikans - fookin' mad bastards.

Not really. All this decision says is the plaintiffs can proceed with their claim including Juliet as a defendant. It doesn't mean the claim will be successful. Certainly you wouldn't try it in NZ.

If someone's 4yr old, under their parents supervision, knocked your MV Agusta over with costly consequences, what would you do? Assuming your insurance didn't cover it (maybe you'd forgotten to renew).

[onearmedbandit]

I'm no lawyer but in no way would I be holding a 4yr old responsible in any shape or form. I'm the parent of a 4yr old, anything she gets into or breaks, it's my responsibility as a parent to; a) teach her properly so she understands better, and b) front up for any damage. Not hers. Neither should she be called a 'defendant' or have to go through any legal action.

Dear Sophia's Teacher,

Unfortunately Sophia will not be able to attend pre-school today. Not it's not the flu, or head lice, nor even chicken-pox (I remind you she has already had that), but one of the other little bumps in childhood that we can all remember, yes that's right she is a defendant in a negligence-causing-injury case and is required to attend court.

We hope this can all be settled by mid week so she can attend the fairy-princess concert on Friday.

[slofox]

...including Juliet as a defendant.

Exactly...

[Winston001]

I'm no lawyer but in no way would I be holding a 4yr old responsible in any shape or form. I'm the parent of a 4yr old, anything she gets into or breaks, it's my responsibility as a parent to; a) teach her properly so she understands better, and b) front up for any damage.....

So what would you do if the parents just shrugged, said sorry about the bike, and refused to pay any compensation? What do you think should happen? I'm genuinely interested.

[onearmedbandit]

Unless things have changed from when I used to get into shit as a minor the parents are responsible for the actions of any minor under their care.

[Tink]

So what would you do if the parents just shrugged, said sorry about the bike, and refused to pay any compensation? What do you think should happen? I'm genuinely interested.

As per bling Winston.... accident or intentional... the big question. A 4 yr old bumps a 85 or 87 (no biggy with age)... woman, and she falls.... and dies (sadly she could have done this anywhere).... but fact is it happened to a minor.... the whole thing is really a joke.

Now if it had been intentional yes I would question the upbringing of the child, as per say the 11 yr olds in Masterton... all in all... does court have to define Accident or Intent?

Parents (yes to others here), are responsible, but honestly COURT for a 5-6 yr old...

What are they trying to do... catch them early??? Interested!

[Winston001]

OK Tink, the question of intent is a criminal concept (mens rea), whereas this is a civil action. It is a matter of negligence. No crime involved.

I'd guess this is a novel action by a lawyer trying to stretch the boundaries of the law. You'll note the parents who are also being sued have not tried to have the case against them dismissed. Only for Juliet.

If anything this illustrates what a litigious society the USA is. Its estimated that 1/3 of the cost of medical care is soaked up by litigation insurance cover. Doctors and hospitals cannot exist without insurance protection.

Also suing for negligence is so common that the insurance companies settle claims paying out just to get rid of them. It's cheaper than going through a civil trial. I'm guessing that is one of the tactics here - Juliet's parents may settle rather than carry on.